Bombay High Court (Criminal Appellate Jurisdiction), R. M. Joshi, J. (single judge), decided 06.05.2026 — Criminal Bail Application No. 4541 of 2024, Sohrab Mohd Shafi Khan v. The State of Maharashtra. Bail ALLOWED in CR No. 17 of 2023 (printed '22023'), ANC Narcotic Cell, Ghatkopar Unit Police Station, Mumbai, offences under Sections 8(c), 22(b), 22(c) and 29 NDPS Act. Grounds: (1) PARITY — exactly the same role attributed to the applicant as to accused no.3, who was enlarged on bail by this Court's order dated 23.03.2026 in Criminal Bail Application No. 3803 of 2024 (counsel pointed to paras 4-6 thereof; the judgment itself reproduces that order citing its date as 23.03.2024), so the Court found 'no reason not to apply parity'. (2) Reproduced earlier-order findings: nothing was found on the personal search of the applicant while a commercial quantity of contraband was seized from his bag — compliance of Section 50 mandatory; the co-accused communicated his right of being searched only by a gazetted officer or a Magistrate but no such right was apprised to the applicant, hence any recovery pursuant to such non-compliance of the mandatory provision 'would be rendered illegal'; reliance on Supreme Court judgments Sanjeev and Baljinder Singh (passed by bench of equal strength; para 9 quoted — arrest memos Exhibits PW8/B to PW8/E reflected no option or choice given before personal search), yielding the Court's conclusion that compliance of Section 50 is held to be necessary even if nothing is recovered from personal search of the accused. (3) Perusal of the chargesheet shows investigation 'done in most possible casual manner': the F.I.R. describes the accused as a panch witness despite seizure at the applicant's instance, and at the first instance there is no record indicating the seized contraband was kept in muddemal. (4) Accordingly, the Court has reason to believe that the applicant has not committed the crime — a prima facie possible case of false implication outweighing his two criminal antecedents. Conditions imposed: PR Bond of Rs. 30,000/- with one or two sureties in like amount to the satisfaction of the Trial Court; attendance at each hearing of the trial court on all scheduled dates unless exempted; and, considering the antecedents, attendance at the concerned police station once a month till conclusion of the trial.
